Courtesy: vgm8383

Bay area residents are fuming over Comcast’s latest round of rate increases.  The din grew so loud, Drew Voros, the Oakland Tribune Business Editor, noted “the annual outcry over Comcast rates is louder than any rate increase for electricity or water I have come across. A possible exception being California’s energy crisis earlier this decade.”

Voros then casually dismisses consumer outrage by telling his readers “cable TV is not a utility. It is not a vital service with transparency, public input and debate. There is no recourse for poor service through regulatory bodies or the ballot box.”

We know where this is going.

Voros doesn’t suggest that the rate increases are unjustified and unwarranted, nor does he have a bad word to say to Comcast, although he does fixate on one aspect of the regulatory framework (the wrong one) that he believes is at the core of the problem of unchecked rate increases.

His suggestion is to watch free over the air television or try DirecTV, Dish Network or AT&T’s U-verse.

Let’s explore those alternatives.

For some, assuming they get reasonable reception, and many Bay Area residents do not, getting local over the air signals might be good enough, but won’t help with those pesky rate increases on broadband service, or for those channels like C-SPAN or cable news outlets residents access to get coverage of events local broadcasters ignore.

DirecTV and Dish Network are also fine alternatives, assuming you have permission from a landlord to install the reception equipment, and/or your view to the satellite isn’t obstructed by trees or buildings.  AT&T U-verse is an even better potential choice, assuming it’s actually available in your area.

For everyone else, it’s Comzilla or go without.

Voros then goes too far into the weeds and gets lost in what suspiciously looks like “blame the government” rhetoric:

What many TV viewers do not realize is that the franchise agreements are loaded with fees and payments to the cities, funded through annual rate increases. There’s give and take between cable companies and the cities they serve. It’s a business deal with you in the middle.

But consumers are not bound by any franchise agreements, and the options for television services have grown immensely since the first cable TV line was connected in the 1970s. That is why the franchise agreements are out of date. Technology has overtaken that legal document. There’s no monopoly on television content delivery.

Comzilla attacks San Francisco with rate hikes.

Ask any city official if they’d rather enjoy the incremental increase in franchise payments (which amounts to a fixed percentage, usually 3-5% of gross revenue) made possible by the annual rate hike, or the peace and quiet from constituents not upset over an industry that routinely increases rates well in excess of inflation.

Doing away with the franchise system to resolve cable rate hikes would be like using a ShamWow to deal with the after-effects of Hurricane Katrina.

Most cable companies used to include the “franchise fee” as part of the cost of the monthly service, but now routinely break that charge out onto its own line on your bill (and many never lowered the price for the original service, pocketing that as a hidden rate increase as well).  A rate increase may add a few pennies to the franchise fee on a customer’s bill, but then there is the other $3-5 dollars to consider.

Franchise agreements are negotiated for wired providers.  AT&T had to obtain one to provide U-verse.  That’s because local communities demand that a business tearing up their streets provide something in return for the community.  That usually includes: a small percentage of gross revenue, an agreement to provide free service in community centers, government offices, and public schools, and that they set aside several channels for Public, Educational, and Government access, known collectively as “PEG channels.”  It’s a very small price to pay for an industry that earns billions in profits.

Those agreements typically are renegotiated every ten years, so if consumers object to the franchise fee arrangement, they can appeal to local government to reduce or eliminate it.

Voros also suggests consumers try to obtain television programming online.  That is also sometimes possible, but as Stop the Cap! readers know, that also takes a broadband connection, and Comcast just raised the price for many of their customers for that as well.  With the industry’s new TV Everywhere project, dropping your cable subscription, as Voros suggests, will also likely cut you off from many of your favorite cable shows online — TV Everywhere is for paid television subscribers only.

The industry has every angle covered, right down to suing to remove the exclusivity ban on cable networks and programming.  Should the DC Court of Appeals agree, Voros’ contention that there’s no monopoly on television content delivery will also be thrown into doubt.

The solution is not to blame “outdated” franchise agreements.  The cable package business model is the larger problem.  Customers are expected to pay for ever-growing and more costly basic and digital cable packages filled with channels they don’t want.  Of course competition should be encouraged, but allowing consumers to choose and pay for only the channels they wish is a far better solution to runaway cable pricing.

Thirsk

Marla Thirsk is still on dial-up, and wishes she had broadband. The Ucluelet, BC artist has lived in the Spanish Banks area for nearly 30 years. While her friends and neighbors have broadband service, her subdivision does not. The Canadian Broadcasting Corporation’s Spark program, dedicated to discussing technology and culture, recently covered Thirsk’s predicament. Host Nora Young explores what online life means for Marla and her nearby neighbors.

Phone interview with Marla Thirsk, as part of September 20, 2009 CBC Radio One’s Spark program. (6 minutes)

You must remain on this page to hear the clip, or you can download the clip and listen later.

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Time Warner Cable introduces DOCSIS 3 service in New York today.

Time Warner Cable today finally launches new high speed broadband service possible from DOCSIS 3 upgrades.

Calling the new service Time Warner Cable Wideband Internet, the company will now market the 50Mbps/5Mbps residential service for $99.95 per month.

“With substantially increased Internet speeds, Time Warner Cable continues to lead the way as the most popular broadband provider in New York City. Time Warner Cable Wideband Internet gives all home network devices – desktops, laptops, gaming consoles and iPhones – our fastest connection yet,” stated Howard Szarfarc, Executive Vice President of the company’s New York City Region. “Time Warner Cable Wideband Internet customers can instantly multitask – and when family members are online simultaneously, everyone can get the speed they want at the same time.”

Calling the company a proven innovator, Szarfarc touted Time Warner Cable’s “advanced fiber-optic network” for making the upgrade possible.

Yet Time Warner Cable has dragged its feet on DOCSIS 3 upgrades for more than a year now, claiming such upgrades weren’t necessary because consumers weren’t clamoring for faster speeds.  The company also had a major misstep in April when it attempted to roll out an Internet Overcharging scheme that would have raised broadband service pricing for consumers up to 300%, with no immediate improvement in service.  Those plans were shelved indefinitely.

Providers like Time Warner Cable are looking to premium services to enhance revenue, and offering higher speed service has proven successful for the company in the past.  Time Warner Cable has positively reported revenue benefits from its Road Runner Turbo add-on product, providing faster speeds to consumers for an additional $10 per month.

The rush to DOCSIS 3 in metropolitan New York may have come from increased competition from Verizon FiOS, as well as consumer awareness of Cablevision’s 100Mbps broadband service, available in suburban New York neighborhoods.

Time Warner Cable Wideband Internet is available starting today in Manhattan (below 79^th Street), Staten Island and Queens (Fresh Meadows, Forest Hills and South Flushing). It will be available throughout the company’s entire NYC service area by Spring 2010.

BendBroadband introduces a new logo and tagline

BendBroadband, a small provider serving central Oregon, breathlessly announced the imminent launch of new higher speed broadband service for its customers after completing an upgrade to DOCSIS 3.  Along with the launch announcement came a new logo of a sprinting dog the company attaches its new tagline to: “We’re the local dog. We better be good.”

What some BendBroadband customers didn’t realize was that dog comes with a leash.

“The new speeds sound great, right until you read the fine print and discover the awful usage allowances they attach to them,” writes Seth, a Stop the Cap! reader.  “That’s Bend (Over) Broadband.”

BendBroadband plans range from 8Mbps service for $36.95 a month ($46.95 broadband-only), 14Mbps service for $44.95 a month ($54.95 broadband-only), and a forthcoming Gold 25Mbps plan for $54.95 a month ($64.95 broadband-only).  The 14Mbps service represents a speed increase for their current Silver plan.  All of these plans have a 100GB usage allowance, with a $1.50/GB overlimit penalty.

A new Platinum plan will offer 60Mbps service for $89.95 a month ($99.95 broadband-only), yet only incrementally bumps the usage cap up by 50GB, to 150GB per month.

BendBroadband's dog comes with a leash... 100GB Usage Caps

Company officials seemed pleased with themselves.

“Who would of believed ten years ago that we would have these types of speeds available?” said Frank Miller, the company’s Chief Technology Officer. “60Mbps…that’s one fast puppy!”

“That dog (logo) has broadband rabies and needs to be put down,” replies Seth’s wife Angelica, who telecommutes and does most of her work from home.

“Central Oregon can be wowed by the speed, but what good is it if you can’t use it without running into their usage caps and limits,” she asks.

“I’d pay for the premium tiers and get on a waiting list today if they did away with the usage caps.  There is no way I am paying to support a company that sticks usage caps on their customers and makes me waste time doublechecking how much I’ve used this month,” she said.

Seth and Angelica have taken a pass on BendBroadband’s dog show and are sticking with the local phone company’s DSL service until something better comes along.

“The speed isn’t the best, but at least you can use the service and not have to worry about it,” Seth writes.

Delta, part of the Vancouver metro area, British Columbia

Stop the Cap! reader Rick has been educating me about some of the new-found aggression by Shaw Communications, one of western Canada’s largest telecommunications companies, in expanding its business reach across Canada.  Woe to those who get in the way.

Novus Entertainment is already familiar with this story.  As Stop the Cap! reported previously, Shaw launched fire sale pricing on its cable, broadband, and telephone services ($9.95 a month for each) and target marketed those limited special offers in and around buildings wired for Novus service.  Novus protested to the BC courts, claiming Shaw was engaged in predatory pricing behavior.

A few days ago, an Ontario court judge dismissed a suit brought by Rogers Communications against Shaw over Shaw’s plans to buyout Mountain Cablevision, a smaller cable provider serving parts of southwestern Ontario.  Rogers was upset because the purchase violated a “covenant” between the two telecom giants not to compete in each others’ service areas.

Now, Shaw’s trucks are rumbling down the roads of Delta, a community south of Vancouver,  as work begins on constructing a cable system that will directly compete against Bragg Communications’ Delta Cable.  Shaw also has won approval from the Canadian Radio-television Telecommunications Commission (CRTC) to competitively wire Ladner and adjacent neighborhoods southeast of Vancouver.

Shaw president Peter Bissonnette told industry news site Cartt.ca the wiring of Delta and Ladner comes as a result of “people there saying they would like to get Shaw.”  So now residents can look out their windows and see Delta Cable’s wiring on one side of the street and Shaw’s wires on the other.

Another success story for head-on competition leading to lower prices and more choice, right?

Not so fast.

As Cartt.ca reports (one article view is available for free, subscription required thereafter), there is a history to be considered here, and that may include another agenda beyond the “consumers wanted us so we came” explanation.

There’s a bit of history to the Delta system and Shaw, however. Back in 2006, when then-owner John Thomas decided to sell Delta Cable and Coast Cable, many assumed he would sell to Shaw. After all, Thomas was on Shaw’s board of directors. However, aware of the fact most of his employees would likely be out of work if nearby Shaw bought it, he instead surprised most by selling to what was then Persona Communications, for about $90 million.

Some months later, Persona itself was purchased for a reported $750 million by Bragg Communications, which does business, of course, as EastLink, primarily in Eastern Canada.

Cartt reports it is no secret Shaw wants the Delta region as part of its greater Vancouver service area, and the traditional route by which most cable companies do this is by buying out the incumbent provider.  Bragg Communications understands this, and has sold some of its own systems in the past, most recently in Saskatchewan.  But so far, not in Delta.

Bissonnette was cagey when asked if Shaw had pursued the buyout route, which is always cheaper than overbuilding an area with all new wiring.

“They know what we are doing. There’s always more than one way to skin a cat you know,” he said.

If Shaw adopts the same aggressive strategy in Delta they have used against Novus in downtown Vancouver, it will likely make Delta’s current cable system unprofitable.  Bragg would be forced to consider either engaging in a sustained price war, something Shaw is in a better position to handle because of revenue earned from non-competitive areas, or eventually sell the Delta Cable system at a fraction of its original value.

For comparison, Delta Cable charges $26 a month for analog basic cable plus $26.95 a month for a robust digital channel package.  Broadband service, with a 62GB usage cap is $39.50 per month.  They don’t seem to offer telephone service.  Shaw promoted a digital/basic combination package in downtown Vancouver for $9.95 a month and broadband for an additional $9.95.  Shaw to Delta Cable: Compete with that.

For a time, up to 28,000 households in the area may enjoy some benefits from a sustained price battle, unless Bragg capitulates and sells out early, but in the end, if Shaw engages in the kind of allegedly predatory pricing it has in downtown Vancouver against Novus, the benefits will be short-lived, and Shaw always has time to make up the difference down the road.